Criticism arises from both inside and outside the telecommunications industry regarding the government's excessive sanctions in halting new subscriber sales of SK Telecom, which experienced a shortage of universal subscriber identity module (USIM) cards following a hacking incident. This was due to the limitation on the enrollment of embedded SIM (eSIM) cards, which are unrelated to the USIM shortage, exacerbating the losses for agency owners. While the government claimed a need for swift USIM replacement concerning SK Telecom, there are also allegations that it delayed announcing the investigation results. It has been pointed out that the absence of a control tower to oversee the incident, which affected half the population, hindered rapid decision-making and cooperation among government departments.
◇ The government delayed the announcement on a national concern... A lack of a control tower poses limitations
On the 4th, the Ministry of Science and ICT announced the final investigation results regarding the SK Telecom hacking incident, revealed more than 70 days after it became public on April 22. This was later than the anticipated announcement on the 30th of last month by Minister Yoo Sang-im. According to industry sources, the schedule for reporting to the National Assembly's Science, Technology, Information and Communications Committee (the Science and Technology Committee) was not coordinated in advance, leading to a postponement of the investigation result reporting. It has also been reported that the composition of the National Assembly task force receiving the report was focused on aides, which has sparked controversy.
The Ministry of Science and ICT also postponed the announcement of the government's position on waiving cancellation penalties due to the hacking incident. Shin Hyun-doo, the representative of the Korea Consumer Association, noted, "The announcement regarding the government's results for the investigation into the SK Telecom hacking, which is a national concern, has been delayed excessively," and added, "While the legal review for waiving penalties has reportedly already been requested from a law firm last May, the government's indecision has only increased the public's frustration."
The lack of a control tower to oversee the SK Telecom hacking incident is also cited as a shortcoming in the government's response. Although the investigation into the hacking cause was conducted by a joint task force led by the Ministry of Science and ICT, the police have taken charge of tracking down the hacker's identity and intrusion routes. Critics have pointed out that if it involves hackers from North Korea or China, it is an issue requiring international responses from the Ministry of Foreign Affairs, yet there is criticism regarding the absence of a control tower to manage this integrally.
◇ The government restricted eSIM enrollment despite a USIM shortage... “It's like using a cannon to catch a sparrow”
Critics within and outside the industry argue that the government's abrupt suspension of new subscriber sales for SK Telecom since May 5 for swift USIM replacement was excessive sanction. This has increased the operational losses for agency owners due to the limitation on eSIM enrollment, which is unrelated to the USIM shortage. A telecommunications industry official remarked, "By blocking new enrollments for eSIMs that can be immediately replaced via download without a physical USIM replacement, the government’s excessive sanctions threaten the survival of self-employed agency owners," and emphasized, "While it is understandable to prioritize USIMs for new subscribers, restricting unrelated eSIM enrollments was a mistake by the government."
There are also criticisms that such actions violate the constitutional principle that states basic rights of the people should be minimally restricted to achieve public interest. Kim Gi-yun, a lawyer from Kim Gi-yun Law Office, stated, "Since the government imposed sanctions in the form of an administrative directive, which is not an administrative action, we cannot dispute it through administrative litigation, but it will be hard to evade the criticism that it violated the constitutional principle of proportionality by saying 'do not use a cannon to catch a sparrow.'"
Some believe that the government's inadequate response is evident in its failure to actively recommend eSIM replacements, which can be done via download, amidst a significant USIM shortage. It is reported that the government was unaware of the specific number of subscribers that could switch to eSIM. In Korea, Samsung devices sold domestically can only use eSIM features in models released after the September 2022 'Galaxy Z Fold4' and 'Galaxy Z Flip4', while Apple has eSIM functionality in models released after the iPhone XS in 2018. A telecommunications industry official commented, "If the government had advised users who could switch to eSIM to do so first, and then facilitated their transition back to USIM once the supply was secured, the chaos from the initial USIM shortage could have been minimized."